Articles

Courts not responsible to find person named in subpoena

It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

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Former secretary of state suspended

The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.

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Bar associations celebrate ‘Law Day’

Bar associations in Evansville and Indianapolis will celebrate “Law Day” with local events involving high schools. The theme of this year’s day is “No Courts, No Justice, No Freedom.”

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5th Amendment right against self-incrimination not violated

The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.

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COA rules on Kroger fuel sign dispute

The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.

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IndyBar releases results of judicial candidate peer evaluation

The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.

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Dinner to celebrate former chief justice May 10

Distinguished members of the judicial community, including former Massachusetts Chief Justice Margaret H. Marshall, will be on hand May 10 at a celebration dinner honoring former Indiana Chief Justice Randall T. Shepard.

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Department of Workforce Development scammed out of $2 million

The Indiana Department of Workforce Development announced Wednesday afternoon that it allegedly has been cheated out of $2.4 million in unemployment insurance benefits. Fifteen people have been indicted for allegedly scheming to use fake companies to claim benefits.

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Judges reverse grant of unemployment benefits

The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.

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COA split on ability to review case

The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.

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7th Circuit upholds sentence for drug offenses

Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.

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